REKHA Vs. TRAVELS

JUDGEMENT

(1.) The decision rendered in this appeal shall govern the disposal of other appeal being Misc. Appeal No. 696 of 1995, Shri Travels v. Rekha, as both these appeals involve common question of facts and, secondly, they arise out of one impugned award rendered in one claim case.

(2.) This appeal is filed by the claimant under section 173 of Motor Vehicles Act, against an award dated 14.8.1995 passed by First M.A.C.T., Mhow, District Indore in Claim Case No. 37 of 1988. By impugned award, the learned Member of Tribunal is pleased to partly allow the claim of the claimant (appellant herein). The claimant is not satisfied with what is awarded to her and hence she has come up in appeal for enhancement through her father, natural guardian and also for other reliefs as will be clear from the facts stated infra in brief.

(3.) The claimant-appellant, a minor girl aged 15 years at the relevant time was student of 7th class in one school, Rajlika in Indore. On 1.3.1988 the school authorities hired one bus bearing registration No. MBD 7572 for taking the school girls to picnic to a place Onkareswar, claimant was one of the occupants in the bus. It so happened that while the bus was passing through Mhow it met with an accident. In this accident, the claimant suffered a serious injury in the right hand. She was taken to hospital, but eventually her right hand which was extensively damaged could not be saved and had to be amputated.